What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from The People v. Haynes, A122908, Marin County Super. Ct. No. SC155260A (Cal. App. 2010):
"A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial." (People v. Bolden (2002) 29 Cal.4th 515, 555.)
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